168 W. Va. 190 - State v. Gangwer’s Empirical Analysis
1981
Citation profile
34 state decisions
How this case has been cited
Cited by 34 later decisions — most recently March 2017 · most notably 173 W. Va. 43 - State v. Kopa (1983), 171 W. Va. 342 - State v. Richey (1982)
34 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Hankerson v. North Carolina · 157 W. Va. 640 - State v. Thomas · 163 W. Va. 332 - Bradley v. Appalachian Power Co. · State v. Evans · State v. Santiago
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In the absence of any countervailing factors, where a new rule of criminal law is made of a nonconstitutional nature, it will be applied retroactively only to those cases in litigation or on appeal where the same legal point has been preserved.”
6 later decisions quote this exact passage““The concept of ‘full retroactivity’ in a criminal case ordinarily means that the new rule is available not only for those cases in litigation or on appeal where the point has been preserved but is also available by way of collateral attack on a final judgment through a writ of habeas corpus.””
2 later decisions quote this exact passage“Murder in the first degree is committed when any person kills another person unlawfully, maliciously, deliberately and pre- meditatedly, or murder in the first degree is committed when any person kills another person by lying in wait. The burden is on the State to prove the guilt of the Defendant beyond a reasonable doubt, and the Defendant, MICHAEL CHANCELLOR GANGWER, is not required to prove himself innocent. He is presumed by the law to be innocent of these charges and this presumption remains with him throughout the entire trial. Before MICHAEL CHANCELLOR GANGWER can be convicted of murder in the first degree, the State of West Virginia must overcome the presumption that he is innocent and prove to the satisfaction of the jury beyond a reasonable doubt that: 1. The Defendant, MICHAEL CHANCELLOR GANGWER, 2. in Wood County, West Virginia. 3. on or about the 14th day of March, 1978, 4. did unlawfully, maliciously, deliberately and premeditat-edly, 5. Kill 6. JIMMIE LEE VANCAMP, JR. If after impartially considering, weighing and comparing all the evidence, both that of the State and that of the Defendant, the jury and each member of the jury is convinced beyond a reasonable doubt of the truth of the charge as to each of these elements of murder in the first degree, you may find MICHAEL CHANCELLOR GANGWER guilty of murder in the first degree as charged in the indictment. If the jury and each member of the jury has a reasonable doubt of the truth of the charge as to any one or ”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.